Chile

Merger Control in Chile - 2014 Assessment

Merger control constitutes an essential component of an effective competition system. In 2014, the OECD carried out an in-depth study of Chile’s merger control regime which assesses the main issues in the current system and provides suggestions for improvement based on OECD and international standards.

The study involved a review of the country’s relevant legislation and reflects broad consultation with local enforcers and stakeholders of merger control from both the public and private sectors.

The first part of the report describes Chile’s current merger control including its legal framework, merger control jurisdiction, review powers and procedures.

The second part of the report describes key issues in the system and suggests possible ways to reach a more effective and transparent merger control regime in Chile.

Key recommendations focused on:

The establishment of a merger control regime by law.

The delineation of relevant jurisdiction through the definition of mergers, selection of a merger notification mechanism and determination of notification thresholds.

The establishment of more transparent, effective and timely review procedures and corresponding review powers. ‌

‌The adoption of a clear and coherent substantive test to assess mergers’ impact on competition.

The provision of adequate enforcement tools and sanctions to ensure the enforceability of merger control rules.

The report was released in Santiago, Chile on 21 July 2014 in presence of Minister of Economy Luis Felipe Céspedes as well as high-level competition officials, enforcers and stakeholders.

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Santiago de Chile, 21 July 2014

Strengthening market competition is key for growth and innovation in our markets.

Luis Felipe CéspedesChilean Minister of Economyduring the launch event of this OECD report